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Supreme Court Eliminates Heightened Discrimination Standard Under Title VII

By Mikaela Shaw Masoudpour, Nicholas SanFilippo, Shirin Afsous & Jade Yee on June 13, 2025
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On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, rejecting a heightened evidentiary burden for a plaintiff who is a member of a “majority group” under Title VII of the Civil Rights Act of 1964. Claims brought by such majority-group plaintiffs are sometimes referred to as “reverse discrimination” claims.

Click here to read the full GT Alert.

Photo of Mikaela Shaw Masoudpour Mikaela Shaw Masoudpour

Mikaela Shaw Masoudpour is a trusted advisor to employers on high-stakes employment matters, combining deep courtroom experience with strategic guidance on workforce management and compliance. She stays on the forefront of the use of artificial intelligence in the workplace, helping clients navigate the…

Mikaela Shaw Masoudpour is a trusted advisor to employers on high-stakes employment matters, combining deep courtroom experience with strategic guidance on workforce management and compliance. She stays on the forefront of the use of artificial intelligence in the workplace, helping clients navigate the evolving patchwork of federal, state, and local AI laws, assessing AI-driven employment tools, and conducting AI bias audits. Executive leadership and boards frequently call on Mikaela to investigate workplace misconduct claims and advise on remediation measures. Mikaela also focuses on pay equity matters, including counselling clients on equal pay and pay transparency laws and conducting proactive audits and compensation analyses.

Mikaela regularly represents clients in courts and before administrative agencies in individual and class claims under Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act, Americans with Disabilities Act, Age Discrimination in Employment Act, the Fair Labor Standards Act, the Equal Pay Act, the National Labor Relations Act, and other traditional labor and employment statutes.

In addition to handling disputes, Mikaela advises employers on pressing workplace needs from the pre-employment stage through separation of employment, such as litigation- and union-avoidance measures, workforce reductions, personnel policies and procedures, executive employment agreements, independent contractor agreements, severance agreements, leaves and accommodations, restrictive covenants, labor relations and hiring, discipline, and discharge. She also conducts training seminars on a variety of employment topics.

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Photo of Nicholas SanFilippo Nicholas SanFilippo

Nicholas D. SanFilippo serves as a first chair trial lawyer representing employers in actions involving restrictive covenants, employment contracts, the Uniform Trade Secrets Act, and tort claims, including defamation, conversion, wrongful discharge, conspiracy, and tortious interference. He advises management on employment issues related…

Nicholas D. SanFilippo serves as a first chair trial lawyer representing employers in actions involving restrictive covenants, employment contracts, the Uniform Trade Secrets Act, and tort claims, including defamation, conversion, wrongful discharge, conspiracy, and tortious interference. He advises management on employment issues related to termination, hiring, reduction in force, restrictive covenants, employment agreements, discipline, and handbooks.

Nick represents closely-held businesses facing crises related to ownership disputes or misconduct by board members, officers, or key employees. He develops strategies with the goal of maximizing returns and minimizing losses in situations related to unethical conduct, breach of contract, fraud, embezzlement, theft, or forgery.

Nick’s litigation experience also includes breach of contract, business torts, and commercial disputes in federal and state courts. He has deep experience representing clients in the government contracting, hospitality, financial services, and private equity industries.

In addition to serving as a litigator and employment counselor, Nick represents government contractors in bid protests at the agency level and before the GAO. He also advises government contractors on the FAR and relevant executive orders, including the Fair Pay and Safe Workplaces Executive Order.

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Photo of Shirin Afsous Shirin Afsous

Shirin Afsous is an experienced litigator in the field of commercial litigation. As a proactive professional, she is adept at client interaction and excels at crafting strategic case plans. Her areas of experience span across a vast array of sectors including financial services…

Shirin Afsous is an experienced litigator in the field of commercial litigation. As a proactive professional, she is adept at client interaction and excels at crafting strategic case plans. Her areas of experience span across a vast array of sectors including financial services litigation, labor & employment, government contracts, and commercial disputes. Her proficiency extends beyond the borders of her home state, as she skillfully handles cases across the nation in both state and federal courts. Moreover, she is a frequent participant in administrative proceedings, often providing invaluable assistance to clients embroiled in governmental investigations. As a first chair attorney, Shirin has taken the lead in numerous matters, showcasing her leadership and litigation skills. Her deep experience encompasses a wide range of legal proceedings, from drafting and research to preparing witnesses for trial. She is skilled at conducting depositions and arguing dispositive motions, proving her versatility in different aspects of litigation.

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Photo of Jade Yee Jade Yee

Jade Yee advises on a broad range of labor and employment matters to diverse clientele, including private and public companies and non-profit organizations in various industries, including financial and legal services, technology, retail, and manufacturing.

Jade is a trusted advisor, with deep experience…

Jade Yee advises on a broad range of labor and employment matters to diverse clientele, including private and public companies and non-profit organizations in various industries, including financial and legal services, technology, retail, and manufacturing.

Jade is a trusted advisor, with deep experience providing strategic advice to management, legal, and human resources personnel on issues related to workforce changes, leaves and accommodations, worker classifications, performance management, and compliance with the newest U.S. federal, state, and local labor and employment laws and regulations. She regularly negotiates and drafts executive employment, restrictive covenant, and separation agreements, develops workplace policies and trainings, and conducts internal investigations of employee complaints. Jade also advises on labor and employment aspects of corporate transactions, both domestic and cross-border, including pre-acquisition diligence, transaction documents, and post-closing employee matters.

When employee disputes do occur, she is a fierce advocate for her clients in court, arbitration, and administrative proceedings – litigating claims under Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act, Americans with Disabilities Act, Age Discrimination in Employment Act, the Fair Labor Standards Act, and other federal, state and local employment statutes.

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  • Posted in:
    Employment & Labor
  • Blog:
    GT L&E Blog
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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